Slobodan Jovanović and Hans Kelsen Cover Image

Слободан Јовановић и Ханс Келзен
Slobodan Jovanović and Hans Kelsen

Author(s): Danilo N. Basta
Subject(s): International Law, Political Philosophy, Marxism, Philosophy of Law
Published by: Правни факултет Универзитета у Београду
Keywords: Pure legal theory; State; Legal personality of state; Basic norm; Marxist view of state; Sovereignty; State law; International law;

Summary/Abstract: According to Slobodan Jovanović, Hans Kelsen was the most significant representative of a very new thought concerning state law and legal theory in general. Though Jovanović did not write extensively about him, he would point out what was quintessential in Kelsen's theory: the equating of law and the state, the preponderance of the basic standard, the sovereignty of law, and not of the state. He also made some thoughtful objections to Kelsen and, at the same time, presented his own views in relation to specific key issues. This was possible since he shared the same legal position with Kelsen, though with one outstanding difference: besides taking into account homo juridicus, which was of crucial importance for Kelsen, Jovanović was equally no less aware of homo politicus. Despite their differing ways, they both belonged to the movement, not only theoretical, characterized by the rule of law.

  • Issue Year: 49/2001
  • Issue No: 1-4
  • Page Range: 25-43
  • Page Count: 19
  • Language: Serbian